Children and Youth Protection in Malta

Up to which age is one regarded as a child and young person respectively?

Under Maltese law, any person under the age of 18 is considered to be a minor. Generally speaking, minors remain in the custody of their parents until they reach that age.

It is the duty of the parents to exercise parental authority over their children or to appoint a legal guardian in their absence in order to ensure that the children in their custody are safe from danger. The law does not clearly distinguish between children and adolescents.

Are children/teens allowed to stay in public places?

There is no age limit for the presence of minors in public places unaccompanied by an adult. However, § 247A defines conditions with respect to the liability of adults who are responsible for a child and who consistently fail to exercise the necessary care for a minor under the age of 12.

Are children/teens allowed to stay in restaurants or dance halls / ballrooms?

The age of entry for places of entertainment, dancing halls, discos and dance theaters (the latter is excluded if the dance on stage is viewed by a sitting audience) is 16 years, so that persons younger than 15 may not enter. In addition, persons aged 16 and up must identify themselves to the owner.

In the case of establishments (bars, etc.) which have a license to sell wine and alcohol/spirits, minors may not be present in or loiter outside of such places (Subsidiary Legislation 10/09 and Cap. 10, § 185A).

Children of any age may be present in restaurants when accompanied by their parents or by a guardian (as the case may be).

Are children/teens allowed to stay in night clubs, bars, casinos, places for gambling etc.?

The age of entry for places of entertainment, dancing halls, discos and dance theaters (the latter is excluded if the dance on stage is viewed by a sitting audience) is 16 years, so that persons younger than 15 may not enter. In addition, persons aged 16 and up must identify themselves to the owner.

In the case of establishments (bars, etc.) which have a license to sell wine and alcohol/spirits, minors may not be present in or loiter outside of such places (Subsidiary Legislation 10/09 and Cap. 10, § 185A).

Children of any age may be present in restaurants when accompanied by their parents or by a guardian (as the case may be).

There is no official definition of such places.

Places for gambling:

In the regulations for amusement machines (the Amusement Machines (Restriction) Regulations), there are no age limits for the use of such machines, so that children are not prohibited from seeking out public gambling halls and using the said machines. However, it is important to consider the definition of amusement machines. Such machines are defined as "any type of machine which is operated by the insertion of money or any amusement machine tokens and where a successful player neither receives nor is offered any benefit other than the opportunity, if any, afforded by the automatic action of the machine to play the game again without the insertion or other money or amusement machine tokens, including machines known by the names 'kiddie ride machines,' music boxes and public 'soccer tables.'"

Is it allowed to sell spirits to children/teens?

As far as alcohol is concerned, alcoholic beverages may not be sold to persons under the age of 16 under Maltese law. There is no law which defines an age limit for the consumption of alcohol.

Which restrictions are there for children/teens to visit public film screenings?

Films are divided into the following categories:

· U: persons of all ages admitted;

· PG: persons of all ages admitted, but very young children must be accompanied by a parent or guardian;

· 12: persons aged 12 and up admitted;

· 16: persons aged 16 and up admitted;

· 18: persons aged 18 and up admitted.

This means that persons below the age indicated in each category may not be admitted to the film (Vide Subsidiary Legislation 10/17).

Are children/teens allowed to smoke in public?

Pursuant to the Tobacco (Smoking Control) Act (Cap. 315), cigarettes, cigars, tobacco products and smoking requisites may not be sold or supplied to persons under the age of 18, and no person may induce a minor to smoke. As far as smoking in public places is concerned, there are various rules depending on the place and situation.

Is it allowed for children/teens to go to internet café?

Which restrictions are there about carrying knifes, martial arts equipment, weapons?

The Arms Ordinance (Cap. 66) makes it illegal to sell or deliver any knife with a sharp/pointed blade or other cutting or pointed instruments to persons under the age of 18. In addition, the use of rifles and other firearms for hunting purposes requires a license from the police, which may not be issued to someone under the age of 18.

Which regulations are there concerning sexual relations with children/teens?

Sexual contact with persons under the age of 18 is illegal and constitutes sexual contact with a minor. Various penalties apply depending on the age of the minor and the act which was committed.

Which restrictions are there if foreign young people want to work temporarily?

Foreigners may not work in Malta without a work permit.

To which institutions can children/teens turn to if they need help?

There is a pyramid of services available from local institutions, including child safety services from the National Social Work Agency. These services are accessed primarily through a hotline, which is open 24 hours a day. The phone number is 179.

In the event of an accident or emergency, anyone can dial 196. There are plans to change this number to 112, in conformance with European practice.